All industries carry a degree of risk. If you are injured at work or suffer from a work related injury. in South Carolina, you are entitled by law to receive compensation for medical treatment and lost wages. This financial recovery is referred to as workers’ compensation.
The North Charleston personal injury lawyers at MDSW can help injured workers navigate the complicated process that comes with filing a claim. From helping you choose a doctor to explaining your eligible benefits to submitting wage claims, our personal injury lawyers can prepare your case for negotiations and trial to avoid mistakes that could affect how much compensation you win.
Why Should I Hire a North Charleston Workers’ Compensation Lawyer?
You have a right to financial compensation if you were in a workplace accident and suffered an injury as a result. Unfortunately, there is a possibility that your valid claim gets denied. By hiring an experienced workers’ compensation lawyer in North Charleston, you can come back from this and still collect financial recovery by setting up a hearing.
Qualified workers’ compensation attorneys are experienced with insurance company’s tactics and how to negotiate a settlement on your behalf. While legally you can go up against your employer’s insurance company on your own, your claim has a higher risk of being denied or receiving an undervalued settlement.
By hiring a legal counsel for your claim, you get confidence in knowing your lawyer will fight for your right to financial compensation. As you focus your energy on recovering from your injuries, your workers’ compensation attorney will ensure your paperwork is filed correctly and on time.
For a free legal consultation with a workers' compensation lawyer serving North Charleston, call (843) 380-8350
What Damages Can Be Recovered With a Workers’ Compensation Claim?
Unfortunately what you can be compensated for through a workers’ compensation is fairly limited, you can still recover economic damages with a claim. You are unable, however, to claim non-economic damages such as pain and suffering. The following damages are covered by workers’ compensation in North Charleston:
- Medical expenses
- Future medical costs
- Lost wages
- Lost earning capacity
- Survivor’s benefits
North Charleston Workers' Compensation Lawyer Near Me (843) 380-8350
Is it Expensive to Hire a North Charleston Workers Compensation Lawyer?
Hiring legal counsel for a workers’ compensation claim is risk-free. Many North Charleston workers compensation lawyers work on a contingency-fee basis, meaning you will not be expected to pay anything upfront for legal services and your lawyer does not get paid unless you win compensation.
When first meeting with an attorney, they will explain what percentage of your total award you can expect to be set aside for legal fees. In most instances, workplace accident victims end up with a larger settlement of money after paying their lawyer than they would have received if they represented themselves.
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Is it Possible for Me to File a Lawsuit Against My Employer?
In most situations, you typically cannot file a lawsuit against your employer. In very limited circumstances you can sue them. For instance, if your employer intentionally hurt you or did not carry the legally required workers’ compensation insurance, you’d have grounds for a lawsuit.
Other exceptions to this would be if your employer is guilty of gross negligence. Workers’ compensation insurance exists so injury claims are resolved quickly and because courts can be easily backed up, employers are required by law to carry this insurance.
Although workers’ compensation does not cover non-economic damages, your lawsuit can have a higher payout to rectify this. Your North Charleston workers’ compensation lawyer can advise you on your best course of action and whether or not your case meets the requirements for filing a lawsuit
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Is There a Deadline for Filing a Workers’ Compensation Claim in South Carolina?
You have 90 days from the day of your workplace injury, in South Carolina, to report your accident to your employer. Your lawyer can then assist you in filing your claim with the state workers’ compensation agency, however this must be done within two years of the incident. Your employer may take care of filing your case on your behalf.
The sooner you alert your employer and file your claim, the better. When your case is recent and fresh, it is strongest because as time goes on witnesses’ memories can fade and evidence can be lost or become corrupt.
What Workers’ Compensation Death Benefits Can Family Members Receive?
If your loved one passed away as a result of a workplace injury, certain family members can be compensated for the loss of financial support through workers’ compensation survivor’s benefits. Workers’ compensation can cover funeral expenses (anywhere from a few thousand dollars to $10,000) for employees who have died as a result of their work injuries. A North Charleston wrongful death lawyer can help you understand the benefits you may be entitled to.
Workers’ comp also pays for the medical treatment the employee received before dying. Family members should not have to be responsible for paying remaining medical bills. The employee’s insurance company (or South Carolina’s workers’ compensation agency) will review your loved one’s medical bills to ensure their treatment was necessary and related to the work injury.
Call For Your Free, No-Obligation Consultation Today
The North Charleston workers’ compensation lawyers at Miller, Dawson, Sigal & Ward Injury Attorneys believe everyone deserves to have excellent and qualified legal counsel. To make our services accessible, our team offers free, no-obligation case evaluations for victims of workplace injuries.
During a consultation, your case will be assessed by a member of our team, and we will address any concerns you may have about compensation or your rights. In addition to our free consultations, our personal injury lawyers work on a contingency fee to assure accident victims that they can afford to have a qualified legal team on their side.
Call or text (843) 380-8350 or complete a Free Case Evaluation form
